The Gauhati High Court granted absolute pre-arrest bail to the petitioner in a cheating and passport fraud case, finding no incriminating materials in the case diary to justify custody and noting no misuse of interim bail.
Interim pre-arrest bail granted on 22-07-2019 was made absolute with same terms and conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010220172019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
AB 2272/2019
1:MANIK ALI S/O MOHAMMAD MOFEZ UDDIN VILL-PACHIM KALAR CHAR P.O.- KALAR CHAR P.S.-BHANGNAMARI DIST-NALBARI ASSAM PIN-781312
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM
Advocate for the Petitioner : J U AHMED Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 04-10-2019
By this application filed under Section 438 Cr.P.C., the petitioner, namely, Manik Ali, has prayed for granting him pre-arrest bail apprehending arrest in connection with Bhangnamari Police Station Case No. 23/2019 registered under Sections 143/448/427/147 of the IPC read with Sections 3/4 of the PDPP Act .
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Perused the petition as well as the annexures furnished therewith.
The case diary produced, has been perused.
Heard Mr. JU Ahmed, learned counsel for the petitioner and Mr. NJ Dutta, learned Additional Public Prosecutor, Assam, appearing for the State respondent.
Perusal of the materials in the case diary do not reveal such incriminating materials justifying custodial interrogation of the petitioner. That being so, he is granted the privilege of prearrest bail.
The petitioner has been availing interim pre-arrest bail. He has appeared before the Investigating Police Officer in accordance with the order granting interim pre-arrest bail to him. His statement has already been recorded and he has not misused the liberty granted to him.
Accordingly, the interim pre-arrest bail granted to the petitioner, vide order dated 22-07-2019, is made absolute by this order with the same terms and conditions.
The anticipatory bail application stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner should be granted pre-arrest bail apprehending arrest in a cheating and passport fraud case.
Whether the materials in the case diary justify custodial interrogation of the petitioner.
3 provisions across 3 enactments
MANIK ALI
THE STATE OF ASSAM
HITESH KUMAR SARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
HITESH KUMAR SARMA
